India: On Its Way To Criminalize Marital Rape

Rashi Semwal, Law College Dehradun, Uttaranchal University Dehradun


Marital Rape has not been defined in Indian law till now. It is a form of rape but the only difference is that it is done between spouses. There is forced sex done by the husband without the consent of her wife. Consent is very important in any relationship. These kinds of the act have a very bad effect on women’s physical as well as their mental health. Once a woman is married she has been treated as property by her husband and there are a lot of violations of women's right that has been discussed in the paper. According to an NCRB report, there are about 70% of married women to face this kind of forceful intercourse. It also discusses the reports of the Law Commission which were related to marital rape and talked about the protection of women. The main aim and purpose of this paper are to provide a comprehensive view of what is the current status of Marital Rape in India as compared to other countries and also highlight the seriousness of marital rape. The paper also urged the need to make law regarding the offense of marital rape and criminalize it.

Keywords: Marital Rape, Sexual Intercourse, Violence, Consent, Unnatural Sex

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878


Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.


The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.